MPAA asks Judge to Eliminate Burden of Proof, Constitutional Guarantees of the Accused

A

admin

Audioholics Robot
Staff member
Pesky legalities like having to prove copyright infringement is too hard says the MPAA, therefore they and other copyright holders should be allowed to just accuse anyone they see fit, provide any slapdash, inconclusive evidence that they feel like, and then receive a favorable judgment against the defendant.

This whole copyright protection business is going just a little bit overboard.


Discuss "MPAA asks Judge to Eliminate Burden of Proof, Constitutional Guarantees of the Accused" here. Read the article.
 
J

jamie2112

Banned
That is really crazy. What the he%# is our country coming to?:eek:
 
mike c

mike c

Audioholic Warlord
something like this should be grounds enough for immediate disbarment of these lawyers.
 
mtrycrafts

mtrycrafts

Seriously, I have no life.
Pesky legalities like having to prove copyright infringement is too hard says the MPAA, therefore they and other copyright holders should be allowed to just accuse anyone they see fit, provide any slapdash, inconclusive evidence that they feel like, and then receive a favorable judgment against the defendant.

This whole copyright protection business is going just a little bit overboard.


].
Oh, my hart bleeds for the RIAA and MPAA:mad:
 
gliz

gliz

Full Audioholic
Why stop there, lets remove that for all cases brought to the judicial system, lets just get rid of jurisprudence all together!!!!!! What passes for wisdom these days is more like a 7 year-olds system of logic ( sorry if I offended any 7 year olds)
 
3db

3db

Audioholic Slumlord
Pesky legalities like having to prove copyright infringement is too hard says the MPAA, therefore they and other copyright holders should be allowed to just accuse anyone they see fit, provide any slapdash, inconclusive evidence that they feel like, and then receive a favorable judgment against the defendant.

This whole copyright protection business is going just a little bit overboard.


Discuss "MPAA asks Judge to Eliminate Burden of Proof, Constitutional Guarantees of the Accused" here. Read the article.
WOW!!!

That would lead America down a real big sink hole. The basic premise of the legal system is built around the one founding principle, "Innocent until proven guilty". If they get their way, I'm afraid that the MPAA will have a huge number of judges on their "unadvertised payroll" . I hope this never passes because it truly strikes at the fundamentals of your and our (Canadian) legal system.
 
BMXTRIX

BMXTRIX

Audioholic Warlord
There is the huge issue out there with piracy, but the concept of due process in the US seems like one that can't simply be ignored, nor one that is likely to be. I would think that by saying a file is open on a Torrent and available for others to take is very little different than me leaving a CD on my porch. If someone steals it, then they are the ones who have broken the law.

Other issues arrise as well that tie in closely with DRM and digital downloads. Unlike CDs which we lend to friends without issue, how do you 'lend' a digital download? If you email them a copy, you've broken the law I expect. If you email them the original file, you likely can't do that. You really no longer have a way to lend music unless it is DRM free and you use your best judgement.

But, what about movies? Those are highly unlikely to ever be DRM free, and digital downloads are picking up some speed, yet hit the same road block. No lending, no borrowing, no sharing. Seems like HD formats, with their 'archaic DRM' are far better than the alternatives currently being presented.

Let's throw on top of things - if I own a CD, I am allowed to make a copy for my own personal backup. If I download a copy, is that intrinsicly different than me ripping a copy straight from the CD? Either way, I have a digital backup. So, did I break the law? Now, if I did not break the law, and the download was legal, how can anyone prove that I do not own 100% of every song that I have ever downloaded (if I downloaded songs)? Likewise, if it was NOT illegal for me to download the songs, then how could it be illegal for the person to make them available to download by people who are simply backing up their audio collections legally?

I see how there is a lot of illegal downloads out there going on constantly. But, I fail to understand how the legal system has been so blatently bypassed by these huge corporations instead of the legal system actually reviewing the facts that are in front of them.

On the other hand, I could also see DRM put on music and 100% of all audio being called 'illegal' for any distribution or downloading at all. If you aren't allowed to make a digital backup, you certainly can't have it on your PC or open for sharing.
 
3db

3db

Audioholic Slumlord
There is the huge issue out there with piracy, but the concept of due process in the US seems like one that can't simply be ignored, nor one that is likely to be. I would think that by saying a file is open on a Torrent and available for others to take is very little different than me leaving a CD on my porch. If someone steals it, then they are the ones who have broken the law.

Other issues arrise as well that tie in closely with DRM and digital downloads. Unlike CDs which we lend to friends without issue, how do you 'lend' a digital download? If you email them a copy, you've broken the law I expect. If you email them the original file, you likely can't do that. You really no longer have a way to lend music unless it is DRM free and you use your best judgement.

But, what about movies? Those are highly unlikely to ever be DRM free, and digital downloads are picking up some speed, yet hit the same road block. No lending, no borrowing, no sharing. Seems like HD formats, with their 'archaic DRM' are far better than the alternatives currently being presented.

Let's throw on top of things - if I own a CD, I am allowed to make a copy for my own personal backup. If I download a copy, is that intrinsicly different than me ripping a copy straight from the CD? Either way, I have a digital backup. So, did I break the law? Now, if I did not break the law, and the download was legal, how can anyone prove that I do not own 100% of every song that I have ever downloaded (if I downloaded songs)? Likewise, if it was NOT illegal for me to download the songs, then how could it be illegal for the person to make them available to download by people who are simply backing up their audio collections legally?

I see how there is a lot of illegal downloads out there going on constantly. But, I fail to understand how the legal system has been so blatently bypassed by these huge corporations instead of the legal system actually reviewing the facts that are in front of them.

On the other hand, I could also see DRM put on music and 100% of all audio being called 'illegal' for any distribution or downloading at all. If you aren't allowed to make a digital backup, you certainly can't have it on your PC or open for sharing.
Whats your point? You feel this is heavy burden that the MPAA seems to be carrying is sufficient to change the fundamentals of the legal system? I think not. I think if this law ever gets passed that justice as flawed as it is now will no longer function.
 
BMXTRIX

BMXTRIX

Audioholic Warlord
Whats your point? You feel this is heavy burden that the MPAA seems to be carrying is sufficient to change the fundamentals of the legal system? I think not. I think if this law ever gets passed that justice as flawed as it is now will no longer function.
Just the opposite, I think that the rulings to date against many individuals has lacked the necessity of proving that illegal activity has occurred. My point being to show that if I own a CD, and download for my digital backup it may be considered 'legal' since I own the original, and it would be difficult to prove that I am in violation of the law.

Likewise, someone leaving a bunch of MP3s out in the open is no different than leaving a CD on your car seat. If someone steals the CD when they aren't allowed to, then THEY are breaking the law - but I don't see the MPAA going after those people, they just want the ones who are digitally leaving music/videos out on 'car seats' (the Internet) and I think they have a long, long way to go to prove any wrong doing.

I don't see this bill as having any hope, but if it goes through, then hundreds of innocent people or more will be in real trouble for just turning their computers on in the morning.
 
3db

3db

Audioholic Slumlord
Just the opposite, I think that the rulings to date against many individuals has lacked the necessity of proving that illegal activity has occurred. My point being to show that if I own a CD, and download for my digital backup it may be considered 'legal' since I own the original, and it would be difficult to prove that I am in violation of the law.

Likewise, someone leaving a bunch of MP3s out in the open is no different than leaving a CD on your car seat. If someone steals the CD when they aren't allowed to, then THEY are breaking the law - but I don't see the MPAA going after those people, they just want the ones who are digitally leaving music/videos out on 'car seats' (the Internet) and I think they have a long, long way to go to prove any wrong doing.

I don't see this bill as having any hope, but if it goes through, then hundreds of innocent people or more will be in real trouble for just turning their computers on in the morning.

Thanks for clarifying :) This will open a whole new can of worms and other companies from different industries will jump on the band wagon because a precidence will be set. Companies will buy judges ..yada yada yada ...You know where I'm going with this.
 
F

fmw

Audioholic Ninja
As long as the industry continues to sell a product for $15 that only cost 25 cents to produce, then they are going to have this problem. All they need to do price things more reasonably and people will buy them. It isn't really rocket science. It is basic economics.
 
R

rnatalli

Audioholic Ninja
It all starts with holding people like the US does in Cuba and slowly trickles into everyday life. I said it years ago that the US in on a dark road and people laughed it off. Here it begins to show itself in the civilian sector and just the fact that it's even being considered indicates a serious problem.
 
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